NZ Metro TC – 19 June 2009 – Race 5
ID: JCA22200
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 19 June 2009
Race Date:
2009/06/19
Race Number:
Race 5
Decision:
Following the running of Race 5, Peter Diver Plumbing & Drainage Limited Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Trainer, Mr K T Fairbairn, alleging a breach of Rule 864 (2) (d) in that Mr Fairbairn, as the trainer of SHEBAS ROCKET in the Race, “failed to affix the pull down blinds so as not to malfunction”.
Following the running of Race 5, Peter Diver Plumbing & Drainage Limited Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Trainer, Mr K T Fairbairn, alleging a breach of Rule 864 (2) (d) in that Mr Fairbairn, as the trainer of SHEBAS ROCKET in the Race, “failed to affix the pull down blinds so as not to malfunction”.
Mr Fairbairn was not present at the hearing of the information and had not signed the Statement by the Defendant on the information form.
Mr Escott informed the Committee that, following Race 5, Stipendiary Steward Mr N G McIntyre had informed Mr Fairbairn that he was required to present himself to the Stipendiary Steward’s room. Mr Escott followed this up with a call to Mr B A Kitto, the Racecourse Inspector, who also informed Mr Fairbairn that his presence was required. Mr Fairbairn came to see the Stewards at approximately 7.50pm, just before the start of Race 6. Two informations were on the table. Mr Fairbairn was informed by Mr Escott of the two informations. Mr Fairbairn refused to accept or sign either information and left the Steward’s room. This took place in the presence of Messrs N G McIntyre and S P Renault, Stipendiary Stewards.
--Mr Escott referred the Committee to Rule 1107 (1) which provides as follows:
(1) Any information or other document which is required to be served on any person pursuant to these Rules may be served on him in any of the following ways:
(a) by being delivered to him personally or being brought to his notice if he refuses to accept
it.
The Committee was satisfied that service of the information had been effected on Mr Fairbairn by being brought to his notice pursuant to Rule 1107 (1), Mr Fairbairn having refused to accept service.
--Rule 865 provides as follows:
(4) The trainer and/or person in control of a horse shall present such horse in the assembly area with the same or identical gear, or with such different gear as has been notified as required by the foregoing provisions of this Rule.
Mr Renault, Stipendiary Steward, showed a video replay replay of the final 200-300 metres of the Race. He pointed out the driver of SHEBAS ROCKET (D J Dunn) attempt to activate the pull down blinds on the horse. The off side blind could be seen to come down but the near side blind remained in place. The charge was found proved.
--Mr Escott recommended a fine of $100.
--Mr Fairbairn was fined the sum of $100.
R G McKenzie
CHAIR
68041
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: d7680305f007fb6d39f99ac8ff941581
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 19/06/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 19 June 2009 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 5, Peter Diver Plumbing & Drainage Limited Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Trainer, Mr K T Fairbairn, alleging a breach of Rule 864 (2) (d) in that Mr Fairbairn, as the trainer of SHEBAS ROCKET in the Race, “failed to affix the pull down blinds so as not to malfunction”.
Following the running of Race 5, Peter Diver Plumbing & Drainage Limited Mobile Pace, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Trainer, Mr K T Fairbairn, alleging a breach of Rule 864 (2) (d) in that Mr Fairbairn, as the trainer of SHEBAS ROCKET in the Race, “failed to affix the pull down blinds so as not to malfunction”.
Mr Fairbairn was not present at the hearing of the information and had not signed the Statement by the Defendant on the information form.
Mr Escott informed the Committee that, following Race 5, Stipendiary Steward Mr N G McIntyre had informed Mr Fairbairn that he was required to present himself to the Stipendiary Steward’s room. Mr Escott followed this up with a call to Mr B A Kitto, the Racecourse Inspector, who also informed Mr Fairbairn that his presence was required. Mr Fairbairn came to see the Stewards at approximately 7.50pm, just before the start of Race 6. Two informations were on the table. Mr Fairbairn was informed by Mr Escott of the two informations. Mr Fairbairn refused to accept or sign either information and left the Steward’s room. This took place in the presence of Messrs N G McIntyre and S P Renault, Stipendiary Stewards.
--Mr Escott referred the Committee to Rule 1107 (1) which provides as follows:
(1) Any information or other document which is required to be served on any person pursuant to these Rules may be served on him in any of the following ways:
(a) by being delivered to him personally or being brought to his notice if he refuses to accept
it.
The Committee was satisfied that service of the information had been effected on Mr Fairbairn by being brought to his notice pursuant to Rule 1107 (1), Mr Fairbairn having refused to accept service.
--Rule 865 provides as follows:
(4) The trainer and/or person in control of a horse shall present such horse in the assembly area with the same or identical gear, or with such different gear as has been notified as required by the foregoing provisions of this Rule.
Mr Renault, Stipendiary Steward, showed a video replay replay of the final 200-300 metres of the Race. He pointed out the driver of SHEBAS ROCKET (D J Dunn) attempt to activate the pull down blinds on the horse. The off side blind could be seen to come down but the near side blind remained in place. The charge was found proved.
--Mr Escott recommended a fine of $100.
--Mr Fairbairn was fined the sum of $100.
R G McKenzie
CHAIR
68041
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 864.2.d, 1107.1
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a1969f0dc2c3c7129ceda5018e9481b8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ea2669c4c126c939cbfe1433655d56f3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/06/2009
meet_title: NZ Metro TC - 19 June 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC